Monthly Archives: June 2009

The Pressure To Commit Fraud

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Editor’s Note: This is Norman Katz’s third post as a regular contributor on Sourcing Innovation. Norman, who has published dozens of articles on the subject, is a supply chain fraud and supply chain risk expert and will be covering these topics in his new column, which are still indexed and archived.

A friend and collaborator, Doug Ross, a corporate integrity consultant among other talents, asked me to write an article on supply chain fraud that he would send to his contact base. He wanted to see what the reaction was to this subject and what nerves would be struck. And oh boy – did we strike a nerve and get a reaction!

In the article I wrote about how an otherwise honest employee could be forced to commit fraud due to organizational pressure when faced with what I describe as a variation on the response (by humans and animals alike) to an adverse situation. When facing danger there is a choice: fight or flight. When an organization pressures an otherwise honest employee to commit fraud or lose their job, the employee has a choice: fraud or flight – commit the fraud (which will contradict their ethics, morals, and values), or suffer from flight (be fired or be forced to quit their job). And when flight is not an option – when losing one’s job is not possible – the only response left is to commit the fraud to save oneself. Not much of a choice, is it?

Doug forwarded me the response from one of his contacts: this person is in mid-to-high level management at a $6B per year corporation. Let’s call him Sam.

Sam fired back at us with both barrels: He found the topic of fraud to be disgusting, and the suggestion in the article I wrote that an otherwise honest employee could be forced to commit fraud by his/her employer was something out of the realm of possibility. The insinuation that such a situation could even exist was repulsive to Sam, let alone that an employee would cave in and commit the fraud.

Quite frankly readers, I had trouble sitting for the next day or two as I had felt that we had been severely spanked. And my name was attached to the article when Doug sent it out! So much for my sterling reputation!

A few days later, Doug forwarded another e-mail from Sam, this one in a completely different tone.

Sam had some time to think, and one of the first things he did was to offer an apology for his prior response. In thinking this through, Sam openly admitted that if he were forced to make a decision between providing for this family – food, shelter, comfort – and committing a fraud that was forced upon him, he would commit the fraud to protect his family’s well-being and lifestyle.

Wow – what a turnaround.

What does this tell us about Sam’s ethics, morals, and values? They are right on track where they should be. Sam is an honest person of integrity who cares deeply for his family. Sam is a provider, a husband, and a father. Sam is a protector of the persons he loves.

So readers, if this scenario had actually played out in Sam’s workplace, who would be responsible for perpetrating the fraud: Sam or his employer? What would you do in a similar situation: would you commit the fraud or leave the company? Does the current economic recession – with record levels of unemployment and few jobs available – alter the choice you would make in an otherwise robust economy?

I look forward to your responses.

Norman Katz, Katzscan

Nine Hundred and Forty Three Thousand Five Hundred and Eighty Four

Nine Hundred and Forty Three Thousand Five Hundred and Eighty Four words later (including the words in this post), or Thirteen Hundred and Eighteen posts later (which does not count the dozens of guests posts on other blogs, including e-Sourcing Forum, Supply Excellence, Procurement Leaders, and Deal Architect), and Sourcing Innovation (SI) officially turns three. Although not that long of a time, even in net-time, it is extremely significant in blog-time, especially for a blog that posts every day, twice a day on work-days.

It has been a great year. Growth has continued to the point where not only is Sourcing Innovation undisputedly (at least) the second most trafficked blog in the space any way you want to look at it, with well over 10,000 unique visitors a month (from thousands of organizations), but it’s reach on the search engines is, on average, three times that of any other blog or publication in the space. And, of course, it’s reach and influence is still growing … globally … without any signs of slowing down, especially now that a few of the thought leaders like Kevin Brooks, Norman Katz, and Dick Locke, who have posted regularly on SI since day one, have decided to take on regular contributor roles.

However, I still contend that the best has not been written. Even though this blog has covered the full range of the sourcing and procurement cycles, from spend analysis to contract management through requisition to e-payment and reconciliation, and branched further into enterprise cost management, supply chain risk and fraud management and prevention, and global trade with the help of some guest authors and contributors, and continued to keep green, sustainability, talent management, supply chain finance, and other best practices in the forefront, it’s still only scratched the surface. There is still more to tell, and even though the Sourcing Maniacs made a herculean effort, still many more vendors to cover — and with our understanding of supply chain, and the world in general, increasing by the day, you can never stop learning — and never, ever, stop innovating. And that’s what Sourcing Innovation is all about.

(So if you’d like a piece of this action, at a cost less than your average Google ad-words or trade publication e-mail blast campaign on a per eyeball basis [because, when you get right down to it, it’s impressions that matter], check out the Open Pricing Model and contact us using the contact information in the FAQ. You won’t be disappointed.)

[Of course, this also means that Sourcing Innovation will reach the 1,000,000 word mark next month. This puts Sourcing Innovation in a very exclusive club. To find out how this value can benefit you, again, please contact us.]

Dick Locke on the Dangers of Protectionism (or is it Cluelessness?)

Editor’s Note: This is Dick Locke’s second post as a regular contributor on Sourcing Innovation. (His previous guest posts are still archived.) Dick, who has delivered seminars to over 100 companies across the globe, is a seasoned expert on International Sourcing and Procurement who wrote the book.

There was a letter in today’s New York Times from Thomas Gibson of the American Iron and Steel Institute that said, in part,


Steel imports are taking historically high market share while the domestic industry is producing at half its capacity. American mills are on hot idle waiting to produce quality steel for America’s needs. Let’s stop being apologists for foreign protectionists and put Americans back to work!

It would be nice if Mr. Gibson said why US industry is at half capacity. Is it Quality? Flexibility? Price? Overcapacity? I certainly don’t know. Maybe he doesn’t either. It must be….(cue the ‘Satan’ music from Saturday Night Live)… Protectionism!

I do know that if the Institute tries to force buyers of steel to use a more expensive or otherwise less desirable steel because it’s made in the USA, it puts users of steel at a competitive disadvantage to their foreign competitors. That hastens the departure of users of steel (for example, the auto industry) to other countries. This isn’t a zero sum game. Protecting a US manufacturer of a basic product hurts higher level industry and the ultimate consumers of that product.

Let’s not go down that path.

Dick Locke, Global Procurement Group and Global Supply Training.

Protecting Against New Supply Chain Threats with your Contracts

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CIO Magazine recently ran a great article on “8 contract tactics that protect against new threats in offshore outsourcing” that is definitely worth a read. Given, to name a few,

  • the current economic conditions,
  • rising geographic instability, and
  • increased vendor instability,

now, more than ever, you need to review existing contracting approaches and adopt new strategies for these emerging threats. To this end, CIO outlined eight tips to help you negotiate your next contract or re-negotiate your renewal that every buyer and contract specialist should take to heart.

  1. Extend force majeure to encompass new threats.
    Insure that such clauses do not forgive a lack of responsible precaution as well as excluding natural disasters beyond either party’s control.
  2. Extend criteria for eligibility for termination for cause.
    Include termination provisions that provide an early rapid response to changing supplier conditions that present potential disruptions, linked to visible triggers such as a significant reduction in a supplier’s credit rating, admission of fraud, or misleading financial statements.
  3. Extend change of ownership provisions to include break-ups.
    If a key division is broken off and sold, that could be more damaging to your service level than a change in ownership.
  4. Establish clear ownership of assets and documentation.
    Don’t overlook the soft intellectual property assets such as software, documentation, and proprietary processes.
  5. Add clauses and terms to address emergent concerns.
    Transition-out requirements, audit provisions, and termination costs are often overlooked but becoming increasingly important.
  6. Take advantage of lessons learned.
    Don’t overlook necessary audit provisions.
  7. Seek concessions in re-negotiations.
    It’s a weak economy. Don’t forget that.
  8. Secure adequate legal advice.
    Many of the new scenarios and contingencies in contracting bring additional legal risk and complexity and will likely require consultation with a legal advisor.

The Total Cost of Ownership Equation in a Green Economy

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A recent article on building an actionable framework for “Green Purchasing” did a great job of outlining the the true total cost of ownership calculation for any purchase when sustainability is taken into account. Simply put:
TCO = Purchase Cost + Overhead + Environmental Costs + Social Consequences where

  • Overhead Costs and operating costs include:
    • labor requirements
    • utility costs
    • maintenance costs
    • rent
    • depreciation
    • production/utilization costs
  • Environmental Costs include:
    • regulatory reporting costs
    • remediation
    • pollution control costs
    • waste management costs
    • unused inventory disposal costs
    • labeling
    • environmental insurance
    • accident cleanup costs
    • future compliance costs
  • Social Consequence Costs include:
    • customer relationship costs
    • regulator relationship costs
    • lender relationship costs
    • worker health and safety costs
    • corporate image and brand costs
    • litigation costs

In other words, the best price is not the best price if:

  • the product costs more to use, maintain, and own
  • the product costs more to insure, dispose of, and clean-up after
  • the product could damage your reputation with customers, lenders, and regulators.